She noted the unprecedented legal situation: "a former President asserts executive privilege over records for which the sitting President has refused to assert executive privilege." "And the Supreme Court has already made clear that in such circumstances, the incumbent's view is accorded greater weight." Biden, she wrote, had declined to assert executive privilege because of Congress' compelling need to investigate the January 6 assault on the Capitol. Irrespective of past Supreme Court action on presidential powers, Chutkan, as she chronicled Trump's false election claims, recalled the strained relations between the former President and the court. Wrote Chutkan: "The United States Supreme Court also denied numerous emergency applications aimed at overturning the results.

Source: CNN November 12, 2021 03:07 UTC